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CONNERLY v. STATE OF CALIFORNIA

No. C073753.

229 Cal.App.4th 457 (2014)

177 Cal. Rptr. 3d 304

WARD CONNERLY et al., Plaintiffs and Appellants, v. STATE OF CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, Third District.

September 3, 2014.

Attorney(s) appearing for the Case

Pacific Legal Foundation, Meriem L. Hubbard , Ralph W. Kasarda , and Joshua P. Thompson for Plaintiffs and Appellants.

Munger, Tolles & Olson, Bradley S. Phillips , Soraya C. Kelly , Puneet K. Sandhu ; Equal Justice Society, Eva Paterson , Allison S. Elgart ; ACLU Foundation of Southern California, Mark D. Rosenbaum , Hector O. Villagra ; Lawyers' Committee for Civil Rights, Oren Sellstrom ; Asian Americans Advancing Justice and Eugene Lee for California Common Cause, League of Women Voters of California and California NAACP as Amici Curiae on behalf of Plaintiffs and Appellants.

Kamala D. Harris , Attorney General, Douglas J. Woods , Assistant Attorney General, Marc A. LeForestier and Kari Krogseng , Deputy Attorneys General, for Defendants and Respondents State of California and California Citizens Redistricting Commission.

Toledo Don , Margaret Carew Toledo , Stacy E. Don ; Donna L. Neville and Steven Benito Russo for Defendant and Respondent California State Auditor.

OPINION

DUARTE, J.—

INTRODUCTION

This case involves two policy issues that are often viewed as controversial: (1) racial, ethnic, and gender preferences, and (2) the decennial redistricting process. But because this appeal turns on a counterintuitive quirk of California appellate law, we need not reach the merits.

By statute, "When any court makes an order sustaining...

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